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Guides · Mississippi · Miss. Code Ann. § 85-7-407, § 85-7-409, § 85-7-433(5), § 85-7-405

Mississippi lien notices: the Notice to Contractor and the residential pre-lien notice to the owner

Mississippi's two notices under §§ 85-7-407 and 85-7-409 — the 30-day Notice to Contractor for claimants without privity with the contractor (not single-family residential), and the residential pre-lien notice to the owner at least ten days before filing a claim of lien — with the recipients, contents, methods and consequences the enrolled statute states.

Written from the statute text pinned from the official legislative site · reviewed 2026-09-02

Mississippi splits its pre-lien notices by project type. Commercial and multi-family jobs get the Notice to Contractor; single-family residential construction gets a pre-lien notice to the owner in a prescribed form. Miss the first and the lien is forfeited; miss the second and the owner's payments to the contractor become a defense.

The Notice to Contractor (§ 85-7-407(2))

"Any person having a right to a lien pursuant to Section 85-7-403 who does not have privity of contract with the contractor, or, if there is no contractor, with the owner" gives the contractor — or the owner if there is no contractor — written notice "within thirty (30) days following the first delivery of labor, services or materials to the property" (§ 85-7-407(2)). It states the claimant's name, address and telephone number; the name and address of each person at whose instance the labor, services or materials are furnished; the name and location of the project; and a description of the labor, services or materials with the contract price or anticipated value if known ((a)–(d)).

"If the person not in privity of contract with the contractor fails to provide the required notice to the contractor, he shall thereby forfeit his right to a lien under this article." The section does not apply to single-family residential construction (§ 85-7-407(4)). Method: e-mail with a confirmed receipt, registered or certified mail, or statutory overnight delivery. No mailbox rule is stated — mail early.

The residential pre-lien notice to the owner (§ 85-7-409(2))

"As to single-family residential construction only, as a condition precedent of any right to a special lien under Section 85-7-403 in favor of a subcontractor, materialman or design professional not in privity with the owner, the claimant must provide the owner a pre-lien written notice" at least ten days before filing a claim of lien under § 85-7-405. The form is prescribed by § 85-7-433(5) (PRE-LIEN NOTICE TO OWNER … INTENDS TO FILE A CLAIM OF SPECIAL LIEN ON THE SUBJECT PROPERTY IN TEN (10) OR MORE DAYS FROM THE DATE HEREOF).

The claim of lien itself is filed within ninety days after the claimant's last work, labor, services or materials (§ 85-7-405(1)(b)), so the ten days sit inside that window. The owner's payment to the contractor is an absolute defense to the claimant's lien "only to the extent the owner has not received a pre-lien notice" (§ 85-7-409(1)).

Where the text comes from

The Code itself is published through a licensed viewer; the enrolled bills that created and amended §§ 85-7-401 to 85-7-433 (SB 2622 of 2014 and SB 2364 of 2015) are the public primary text NoticeSent pins and cites, with the later sessions checked for amendments.

Sources (official text)
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This guide explains what the cited statutes say, in plain language, for information only. NoticeSent is a document preparation and mailing service, not a law firm, and does not give legal advice or decide whether a notice is required or whether lien rights exist in any situation. Statutes change; the official text linked above controls. Consult an attorney about your project.